Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB384 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 384
5	5	August 9, 2023 - Introduced by Senators BRADLEY, JACQUE and NASS, cosponsored
6	6	by Representatives GUNDRUM, ARMSTRONG, BODDEN, BROOKS, DITTRICH,
7	7	PENTERMAN, RETTINGER and WICHGERS. Referred to Committee on Judiciary
8	8	and Public Safety.
9	9	AN ACT to create 175.57 of the statutes; relating to: determining the lawful
10	10	presence of a person arrested for or charged with a crime or certain civil
11	11	violations.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill requires a law enforcement officer to determine whether a person who
14	14	is arrested for or charged with a crime or civil violation is lawfully present in the
15	15	state. Under the bill, if the officer has reasonable suspicion, based on failure to
16	16	provide identification, that the person is not lawfully present in the state, the officer
17	17	must attempt to verify whether the person is lawfully present in the state. If the
18	18	person produces documentary proof of lawful presence, the law enforcement officer
19	19	may not further inquire into the citizenship or immigration status of the person.
20	20	However, if the person does not provide documentary proof of lawful presence, the
21	21	law enforcement officer must attempt to verify the person's immigration status with
22	22	the federal government. Under the bill, a law enforcement officer may not base
23	23	reasonable suspicion of unlawful presence on a person's race, color, or national origin
24	24	except as permitted under the U.S. and Wisconsin Constitutions.
25	25	Under the bill, if the person is determined to be unlawfully present in the state,
26	26	the law enforcement officer must report the person to the appropriate federal
27	27	immigration authority, must cooperate with the immigration authorities to the
28	28	greatest extent possible, and, if permitted under federal law, must detain the person
29	29	until the federal immigration authority can take the person into federal custody.
30	30	The bill requires law enforcement agencies to collect data regarding the
31	31	number of persons charged with a crime or civil violation who are determined to be
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36	36	SENATE BILL 384
37	37	unlawfully present in the state. The Department of Justice must collect this data
38	38	and submit a report on the data to the legislature every six months.
39	39	For further information see the state and local fiscal estimate, which will be
40	40	printed as an appendix to this bill.
41	41	The people of the state of Wisconsin, represented in senate and assembly, do
42	42	enact as follows:
43	43	SECTION 1. 175.57 of the statutes is created to read:
44	44	175.57 Determination of lawful presence. (1) In this section:
45	45	(a) “Documentary proof of lawful presence” means any of the following:
46	46	1. A U.S. passport.
47	47	2. A birth record bearing an official seal or other mark of authentication and
48	48	issued by a state, county, or municipality within the United States or by a territory
49	49	or possession of the United States.
50	50	3. A record of birth abroad issued by the federal department of state.
51	51	4. A certificate of naturalization.
52	52	5. A certificate of U.S. citizenship.
53	53	6. A permanent resident card or alien registration receipt card, along with the
54	54	person's bureau of citizenship and immigration services alien registration number.
55	55	7. Any other proof specified in 49 CFR 383.71 (b) (9), along with the person's
56	56	bureau of citizenship and immigration services alien registration number.
57	57	8. Documentary proof of conditional permanent resident status in the United
58	58	States.
59	59	9. A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry
60	60	into the United States.
61	61	10. An approved application for asylum in the United States or documentary
62	62	proof that the person has entered into the United States in refugee status.
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85	85	SECTION 1
86	86	SENATE BILL 384
87	87	11. A pending application for asylum in the United States.
88	88	12. A pending or approved application for temporary protected status in the
89	89	United States.
90	90	13. An approved deferred action status.
91	91	14. A pending application for adjustment of status to that of an alien lawfully
92	92	admitted for permanent residence in the United States or conditional permanent
93	93	resident status in the United States.
94	94	15. A valid Wisconsin operator's license or a valid identification card issued
95	95	under s. 343.50.
96	96	(b) “Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
97	97	(2) (a) If a law enforcement officer has reasonable suspicion that a person who
98	98	is lawfully arrested for or charged with a crime, or with a violation of state law that
99	99	may result in the imposition of a forfeiture, is not lawfully present in this state, the
100	100	law enforcement officer shall request documentary proof of lawful presence of the
101	101	person before releasing the person. For the purposes of this paragraph, a person's
102	102	refusal or failure to provide identification at the time he or she is arrested or charged
103	103	constitutes reasonable suspicion that the person is not lawfully present in this state.
104	104	(b) If a person described under par. (a) provides documentary proof of lawful
105	105	presence, a law enforcement officer may not further inquire into the person's
106	106	citizenship or immigration status.
107	107	(3) (a) If the person refuses or fails to provide documentary proof of lawful
108	108	presence under sub. (2) (a), the law enforcement officer shall make a reasonable
109	109	attempt to verify the person's immigration status with the federal government
110	110	pursuant to 8 USC 1373 (c).
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137	137	(b) If, under par. (a), the federal government verifies that the person is
138	138	unlawfully present in this state, the law enforcement agency shall notify the U.S.
139	139	Immigration and Customs Enforcement or the U.S. Customs and Border Protection
140	140	of the person's unlawful presence, shall cooperate with those agencies to the greatest
141	141	extent possible to enforce federal immigration laws, and, if applicable, shall detain
142	142	the person as provided under 8 USC 1252c.
143	143	(4) If a person who has been determined to be unlawfully present in this state
144	144	is convicted of a crime and is imprisoned, upon the person's discharge from jail or
145	145	from confinement in prison, the sheriff or the department of corrections shall proceed
146	146	under sub. (3) (b).
147	147	(5) A law enforcement officer may not consider race, color, or national origin
148	148	in the enforcement of this section except to the extent permitted by the U.S. and
149	149	Wisconsin Constitutions.
150	150	(6) (a) A law enforcement agency shall collect data on all of the following and
151	151	provide the data to the department of justice upon request:
152	152	1. The number of persons charged with a crime or civil violation who are
153	153	verified as unlawfully present in this state under sub. (3), the number of those
154	154	persons who were convicted of the crime or civil violation charged, and a list of the
155	155	types of crimes or civil violations that were committed.
156	156	2. The number of persons under subd. 1. who were on probation, parole, or
157	157	extended supervision when the crime or civil violation was committed.
158	158	(b) Beginning January 1, 2025, and every 6 months thereafter, the department
159	159	of justice shall submit a report compiling the data collected under par. (a) to the
160	160	appropriate standing committees of the legislature under s. 13.172 (3).
161	161	(END)
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